SLC H.B. 3178 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 3178
By: Lewis, Ron
5-2-97
Committee Report (Amended)



BACKGROUND 

Current law allows municipalities to claim areas to be within their
extraterritorial jurisdictions based on the population of the
municipalities.  Often, this means that cities can extend their reach into
neighboring counties and into areas that, if annexed, would be
inadequately served by the municipality.  This occurrence can result from
poor access to areas in need of service due to difficult terrain, distance
from the service provider or other obstacles. 

The purpose of ETJ's is to allow cities to have a limited amount of
control over adjacent areas that one day may be annexed by the cities.
This allowance is for the protection of the health, safety and welfare of
the residents of those areas.  If a city will be unable to provide
adequately for the needs of the residents within its ETJ, then that city
should not be afforded the opportunity to exert any control over or
benefit from that territory.   

Proximity to a service area and distance between an area to be served and
the municipality providing service are indicators of the quality of
service that will be provided to an annexed area. If quality of service is
likely to be less than could be provided by another municipality, then the
purpose of protecting health, safety and general welfare is not being
served. 

PURPOSE

HB 3178 prevents a city from extending its ETJ into an area outside the
county in which a majority of the corporate area of the city is located
and which is separated from the city by a navigable stream. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Subchapter B, Chapter 42, Local Government Code, is amended by
adding Sec. 42.026 as follows: 

 Sec. 42.026. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN
MUNICIPALITIES. (a) Applies only to a home-rule municipality located in
whole or in part in a county with a population of 240,000 or less. 

 (b) Prevents the ETJ of municipality from including territory located
outside the county in which a majority of the land area of the
municipality is located and territory separated from the municipality's
corporate boundaries by a navigable stream. 

 (c) Defines "navigable stream".

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.
 
EXPLANATION OF AMENDMENTS

Committtee Amendment No. 1  by  B. Turner

This amendment simply strikes the language contained on page 1 that states
"located in whole or part" and substitutes the phrase "the majority of
which is located".